“Very wide breadth of info, covering a lot of topics.
Overview was great. Good to see how various
aspects of Entertainment Law all interact.”
Laurie Christianson, Manager of Contracts and
Documents, Aboriginal Peoples Television Network
The Osgoode Certificate in
Entertainment Law
Learn the key concepts of entertainment law business and practice from a faculty of
more than 25 of Canada’s top experts and dealmakers. This practical, industry-focused
program is designed for lawyers and non-lawyers alike.
Program Director
Susan Abramovitch
Gowling Lafleur Henderson LLP
January 19 - 23, 2015 | 5 Days
| Toronto, Canada
Why You Should Attend
The world of arts and entertainment — whether it be music, film, television, live theatre, games or
books — can be very creative and exciting. It is also a very challenging and complex environment,
particularly for those working behind-the-scenes. If you are working in the industry, as a
producer, business affairs professional, artist or lawyer, it is essential that you have a solid
understanding of the legal aspects of your work. The Osgoode Certificate in Entertainment
Law was created to provide those with or without a law degree with a comprehensive and
practical overview of entertainment law in Canada.
Program Details
Dates
January 19 - 23, 2015
Now in its third year, led by Program Director Susan Abramovitch, and taught by a highly
distinguished faculty of experts drawn from the music, film, television, gaming, live stage
events and publishing industries, this Certificate covers the key principles you need
to know, together with practical insights, strategies and tactics for tackling the most
pressing issues in entertainment law. This is a one-of-a-kind opportunity to acquire a
comprehensive overview, and to “drill down” into the key issues and challenges that
you will likely encounter. You will also receive materials prepared by OsgoodePD’s
expert faculty which will serve as a valuable ongoing resource.
The program will be held at
Osgoode Professional Development’s
Downtown Toronto Conference Centre.
For Further Program–Related
Information
Please contact:
Stéphane McRoberts
Program Lawyer
at 416.619.4351 or email
smcroberts@osgoode.yorku.ca
Don’t miss this exclusive opportunity to get insights and advice from over 25 of
Canada’s top enterainment law experts on what it takes to navigate the pitfalls
and get deals done.
Key Benefits: What You Will Learn
• What it takes to get a deal done in the music, film, television, book publishing,
live stage and gaming industries
“The resources are a great
tool for future reference.
It personally helped me fill in
the gaps in terms of my day
to day responsibilities.”
• Issues to consider when negotiating with “the talent”
• How the collective bargaining process works
• How tariffs in music are set and how collective rights translate into royalties for artists
• The effect of the “Copyright Pentalogy” on the rights of artists, producers and distributors
• The rights that construct the chain of title and how to avoid drafting pitfalls that would
undermine it
“This program was excellent
overall. The speakers were
engaging and the materials
were useful. It was a pleasure to
listen to the great stories and
learn about the various aspects
of the entertainment industry.”
• How to effectively navigate the clearance process
• Strategies to employ when negotiating and drafting option, distribution, format and
licensing agreements for film and television
• Tips of the trade for negotiating and drafting agreements
• The importance of proper boilerplate clauses in contracts and the risks inherent in using them
• How to maximize your and/or your client’s ability to receive government funding and benefit from
tax credits
• Financing a co-production: What you need to know
• How to understand net profits
Who Should Attend
• Producers
• Business Affairs Analysts
• Directors of Business Development/
Business Affairs
• Development Executives
• Artists
• In-House Counsel
• Entertainment Lawyers in Private Practice
• Union and Guild Professionals
• Publishers
• Contract Managers and Administrators
• Rights Managers and Directors
• Funding Administrators
• Policy Advisors
THE OSGOODE CERTIFICATE IN ENTERTAINMENT LAW
This program is designed for everyone whose work requires an understanding of the foundational principles of
entertainment law, including producers, directors of business development/business affairs, development executives,
artists, contract and rights managers, and lawyers. There will be an emphasis on the practical, and classes will be
taught using a blended-delivery method that includes lectures and panel discussions.
THE CURRICULUM
DAY 1
January 19, 2015, 9:00 a.m. – 4:30 p.m.
The Certificate program will begin with a “big picture” panel
presentation that will set the stage for the five days. This panel
will give you a top-level understanding of what it takes to get a deal
done in each of the music, film, television, book publishing, live stage
and gaming industries. Experts will cover:
• Key players in the industry
• Types of deals
- how collective rights translate into royalties for artists
The focus will then shift towards an understanding of who owns rights
to the various art forms, how these rights are acquired and what
can be done to protect these rights. Days 2 & 3 will focus on these
rights in significant detail in order to ensure that you have a thorough
appreciation of the issues involved, including:
• The effect of the “Copyright Pentalogy” on the rights of artists,
producers and distributors
• Rights involved in negotiating a deal
Panelists will then drill down what you need to know to negotiate and
draft talent contracts in each of the music, film, television and gaming
industries. Specifically, the panelists will discuss:
• Issues to consider when negotiating with writers, actors and
directors, including:
- compensation
- term
- non-competes
- cross-branding
- perks
• The rights that construct the chain of title and how to avoid
common drafting pitfalls that would undermine the chain
• How to effectively navigate the clearance process, including:
- finding the source of a right
- requesting a clearance
- understanding the timing involved in clearances and factoring
this into other production decisions
- what to do when a clearance is not approved
- the lawyer’s role in reviewing the clearance reports and
insurance forms and the risks inherent in the process
• Understanding the impact of guild agreements
- how the collective bargaining process works
- the effects of guild agreements when minimum standards are exceeded
Faculty
Faculty
Richard Pfohl, General Counsel, CONNECT Music Licensing
Susan Abramovitch, Gowling Lafleur Henderson LLP
Kevin Sartorio, Gowling Lafleur Henderson LLP
Dina Appleton, Senior Vice President, Business and Legal Affairs
Entertainment One
David Steinberg, Dentons Canada LLP
Hilary Goldstein, Buchli Goldstein LLP
Alan Hollingsworth, Vice President & Partner, Hub International Limited
Reynolds Mastin, Chief Negotiator & Chief Legal Officer, CMPA
Damian Schleifer, Vice President, Front Row Insurance
C. Paul Spurgeon, Barrister & Solicitor
Casey Chisick, Cassels Brock & Blackwell LLP
Tara Parker, Goodmans LLP
John Robinson, Counsel, Entertainment One Television
Ken Dhaliwal, Dentons Canada LLP
Trevor Fencott, Director, Board of Directors, bitHeads inc.
Kelly Jenkins, Director, Business Affairs, Temple Street Productions
DAY 3
January 21, 2015, 9:00 a.m. – 4:30p.m.
Day 3 will begin with a look at the publishing and theatre industries
with a particular focus on the following topics:
DAY 2
January 20, 2015, 9:00 a.m. – 4:45 p.m.
Day 2 will pick up where the first day left off and continue to examine the
essentials of negotiating and drafting talent contracts, specifically in the
music industry. The panelists will discuss:
• Collective Administration in Music
- what music rights lend themselves to collectivization
- how tariffs in music are set
• An overview of the difference between full publishing, co-publishing
and publishing administration agreements and when each should be
used
• Key clauses in book publishing contracts:
- rights granted
- electronic rights
- foreign rights
- reversions
Register online today at www.osgoodepd.ca
• The underlying rights to be considered in live stage agreements when
the material is in the public domain, copyrighted or commissioned
under copyright
• Theatre venue agreements and investor and grant agreements
You will then hear from a panel of legal practitioners and business
leaders with respect to social media and emerging law. This new session
will explore the various common legal issues facing businesses engaged
in social media.
The remainder of the day will consist of an in-depth session on film and
television agreements, taught by experienced producers, lawyers and
entertainment executives. This panel will provide you with a thorough
understanding of the details you need to consider when negotiating or
drafting various types of agreements.
Faculty
Michael Levine, Chairman, Westwood Creative Artists
Asha Daniere, EVP, Business and Legal Affairs, Blue Ant Media
Dean J. Chenoy, Miller Thomson LLP
Rich Rapkowski, Senior Vice President, Business and Legal Affairs
Entertainment One
Scott Garvie, Senior Vice President, Shaftesbury Films Inc.
Jamie Brown, Chief Executive Officer & Executive Producer, Frantic Films
Faculty
Susan Abramovitch, Gowling Lafleur Henderson LLP
Darlene Gilliland Tonelli, Inter Alia Law
Bob Tarantino, Dentons Canada LLP
Nicholas Kluge, Gowling Lafleur Henderson LLP
Johanne Mennie, Director, Canadian Audio-Visual Certification Office
(CAVCO), Department of Canadian Heritage
Stephen Selznick, Cassels Brock & Blackwell LLP
DAY 5
January 23, 2015, 9:00 a.m. – 4:15p.m.
Day 5 concludes the program’s look at how to maximize your money
and understand your profits. It will include discussion about what you
need to know when financing a co-production, the different tax credits
available, how they relate to the CAVCO points, and how to structure
agreements to maximize your benefits.
The program will conclude with a session on alternate Canadian film
financing structures. Topics will include:
• The pros and cons
• Domestic “Canadian content”
• CRTC co-ventures
DAY 4
• International treaty co-productions
January 22, 2015, 9:00 a.m. – 4:45 p.m.
Day 4 begins with a look at the foundations of an entertainment
agreement and the boilerplate clauses that are
commonly used, such as those relating to:
• Service productions
Faculty
David Zitzerman, Goodmans LLP
Lisa Drolet, Director, Business Affairs, Entertainment One
• Representations and warranties
Carolyn Stamegna, Goodmans LLP
• Indemnification provisions
Jean-Martin Masse, Barrister & Solicitor
• Choice of law/choice of venue
Susan Abramovitch, Gowling Lafleur Henderson LLP
• Assignment of rights
Alex Dhanjal, Partner, Technology and Media Tax Incentives
KPMG Canada
• Termination
You will also hear from a litigator about what to look out for when
relying on boilerplate clauses and your ethical responsibilities when
doing so.
The examination of entertainment agreements will continue with a
specific focus on the music industry. Experts will discuss the
differences between licensing and distribution agreements in music,
including the rights granted and allocation of responsibilities for
marketing, promotion and recording.
In the afternoon, the program will begin its focus on how to maximize
and understand your profits. You will learn from those who control,
count and analyze the money earned and spent in the Canadian
entertainment industry. They will discuss what you need to know to
ensure that you are maximizing your ability to receive government
funding and benefit from the tax credits available.
“Learning something new every day. All the
speakers were great. Subject matter very
relevant and interesting.”
Alwyn Kumst, The Picture Man Inc.
“I will make great use of these materials in my
own practice and with my clients.”
John Warburton, Consultant
Register online today at www.osgoodepd.ca
The Osgoode Certificate in Entertainment Law draws on the
expertise and experience of leading entertainment lawyers,
agents and executives, including:
Susan Abramovitch, Gowling Lafleur
Henderson LLP
Dina Appleton, Senior Vice President
Business and Legal Affairs, Entertainment One
Jamie Brown, Chief Executive Officer
& Executive Producer, Frantic Films
Dean J. Chenoy, Miller Thomson LLP
Casey Chisick, Cassels Brock & Blackwell LLP
Asha Daniere, EVP, Business and Legal Affairs
Blue Ant Media
Ken Dhaliwal, Dentons Canada LLP
Alex Dhanjal, Partner, Technology and Media
Tax Incentives, KPMG Canada
Lisa Drolet, Director, Business Affairs
Entertainment One
Trevor Fencott, Director, Board of Directors
bitHeads inc.
Scott Garvie, Senior Vice President
Shaftesbury Films Inc.
Darlene Gilliland Tonelli, Inter Alia Law
Hilary Goldstein, Buchli Goldstein LLP
Alan Hollingsworth, Vice President & Partner
Hub International Limited
Kelly Jenkins, Director, Business Affairs
Temple Street Productions
Nicholas Kluge, Gowling Lafleur
Henderson LLP
Michael Levine, Chairman, Westwood
Creative Artists
Jean-Martin Masse, Barrister & Solicitor
Reynolds Mastin, Chief Negotiator & Chief
Legal Officer, CMPA
Johanne Mennie, Director, Canadian
Audio-Visual Certification Office (CAVCO)
Department of Canadian Heritage
Tara Parker, Goodmans LLP
Richard Pfohl, General Counsel, CONNECT
Music Licensing
Rich Rapkowski, Senior Vice President
Business and Legal Affairs, Entertainment
One
John Robinson, Counsel, Entertainment
One Television
Kevin Sartorio, Gowling Lafleur
Henderson LLP
Damian Schleifer, Vice President
Front Row Insurance
Stephen Selznick, Cassels Brock &
Blackwell LLP
C. Paul Spurgeon, Barrister & Solicitor
Carolyn Stamegna, Goodmans LLP
David Steinberg, Dentons Canada LLP
Bob Tarantino, Dentons Canada LLP
David Zitzerman, Goodmans LLP
Osgoode Hall Law School’s Osgoode Professional Development offers both credit and non-credit
programming to meet the life-long learning needs of lawyers and other professionals who need
legal information. Osgoode Hall Law School is one of the world’s pre-eminent law schools. Osgoode
Professional Development embodies the law school’s commitment to meeting the educational needs of
the broader community and has offered many continuing legal education programs for health care, law
enforcement and other professionals.
© Osgoode Professional Development, 2014
Register online today at www.osgoodepd.ca
PROGRAM DIRECTOR
Susan Abramovitch
Gowling Lafleur Henderson LLP
ADVISORY BOARD
Michael Levine, Chairman
Westwood Creative Artists
Dina Appleton, Senior Vice
President, Business and Legal Affairs
Entertainment One
Claude Joli-Coeur, Acting
Government Film Commissioner and
Chairperson, National Film Board of
Canada
Michael MacMillan, CEO
Blue Ant Media
THE OSGOODE CERTIFICATE IN
ENTERTAINMENT LAW
WINTER 2015
This program sells out quickly.
Reserve your spot today.
Name:
Title:
Firm/Company:
Practice Area:
Address:
City:
Province:
Postal Code:
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Program Changes
Fee Per Delegate
$2,995 plus 13% HST for a total of $3,384.35.
Fees include attendance, program materials, continental breakfast, lunch and
refreshments for each of the 5 days of the program. The price does not include
accommodations. Please inquire about group discounts and financial assistance.
Dress is business casual.
We will make every effort to present the certificate program as advertised, but
it may be necessary to change the dates, location, speakers or content with
little or no notice. In the event of program cancellation, York University and
Osgoode Hall Law School’s liability is limited to reimbursement of paid fees.
Osgoode Professional Development has been approved as an
Accredited Provider of Professionalism Content by The Law
Society of Upper Canada.
Payment Options — Payment must be made prior to the program
Cheque enclosed (payable to York University — GST# R119306736)
Bill my credit card: VISA Mastercard
CPD Credits
Card#
Expiry:
Signature:
Payment Amount:
Cancellations/Rainchecks/Substitutions
If you are unable to attend the program your organization may name a
replacement. A full refund will be issued for cancellations received a minimum of
21 days before the program start date. Written cancellations received after
December 29, 2014 will be subject to an administration charge of $700.
Non-attendance or withdrawal after the program start date (January 19, 2015)
will result in complete forfeiture of the program fee. Payment must be received
by January 12, 2015.
Location
Osgoode Professional Development
Downtown Toronto Conference Centre
1 Dundas St. W., 26th Floor
Toronto, ON, M5G 1Z3
Public CLE Seminars
Customized CLE Programs
4 Convenient Ways to Register
1.
MAIL your registration form to:
Osgoode Professional Development
Downtown Toronto Conference Centre
1 Dundas St. W., 26th Floor
Toronto, ON M5G 1Z3
2. ONLINE at www.osgoodepd.ca
3. FAX your registration to 416.597.9736
4. CALL US at 416.597.9724 or 1.888.923.3394
Eligible CPD/MCLE hours:
LSUC (ON): 32.75 CPD Hours (31.75 Substantive, 1.0
Professionalism); BC/NT/YK/QC/NB/NU: 30.25 credit hours;
SK/PEI: 30.0 credit hours; NS/MB: 32.5 credit hours; NY
CLE Board (on-site participants only): 36.0 credit hours
in the Area of Professional Practice for Transitional and
Non-transitional lawyers. Also eligible for CLE/Insurance
Premium Credits Program offered by the Law Society of PEI
and for Alberta CPD credit with the Law Society of Alberta.
Questions? E-mail: cpd@osgoode.yorku.ca or refer to your
respective regulatory body to ensure compliance.
For Further Program–Related Information
Please contact: Stéphane McRoberts, Program Lawyer
at 416.619.4351 or email smcroberts@osgoode.yorku.ca
Certificate of Program Completion
You will receive a certificate upon completion of The Osgoode
Certificate in Entertainment Law. Participants must attend all
program modules and pass a take-home exam to receive
a certificate.
Skills Training & Certification
ITAW
Professional LLM